Published: Wednesday, April 3, 2013 at 5:42 p.m.

Last Modified: Wednesday, April 3, 2013 at 5:42 p.m.

Lawmakers should read a short, simple, clear, rational one-page document just written by local prosecutors.

All it does is explain why State Attorney Ed Brodsky declined to file any charge against Robert Jordan, the Manatee County man who has been growing marijuana for his wife.

In no way does the so-called “decline memo” seem designed to preach or make a political statement about what lawmakers should do. But it could help them be better informed as they decide whether to make changes to laws that have long outlawed virtually any use of cannabis in Florida.

Numerous news stories and columns already have explained that Cathy Jordan has the gradually paralyzing and eventually fatal illness commonly called Lou Gehrig's disease, or amyotrophic lateral sclerosis. Marijuana eases her symptoms, as she has been explaining for years to any lawmaker who would listen. It also boosts her appetite, and just makes her feel better.

A month ago, Manatee County deputies seized the marijuana plants the Jordans had growing in their back yard. No arrest was made, but prosecutors had to decide whether to charge Robert Jordan — who said he can't stop growing marijuana because it is so vital to his wife's well being — with cultivating cannabis, a felony.

Now, as I and many other people hoped, State Attorney Ed Brodsky's office has announced that no charge will be filed.

That good news is not based on any lack of evidence that Robert Jordan was the grower. Brodsky did not dodge the central issue. The decline memo's reasoning is totally based on evidence that marijuana is doing more good than harm in this case.

If there is any harm at all, that is.

The decision also is based on court rulings that say the state has no right, in such circumstances, to interfere with helpful medicinal use of marijuana.

Some people — and some lawmakers — might still be so entrenched in the long-hyped notion of marijuana being evil that suggestions to legalize any use of it blows their minds, I realize. To some, all claims of medical value are assumed to be a bogus cover for getting high. Any real medical needs would surely be best treated with some drug produced by the pharmaceutical industry, they might guess.

But here's what the decline memo says about Cathy Jordan's use of marijuana to treat her horrific and progressively more paralyzing illness, correctly described in the document as incurable:

“The standard drugs used to treat the symptoms of ALS are very dangerous, with serious side effects, including death.”

Death is an especially bad one.

Prosecutors didn't point out that the “standard drugs” are also expensive and, in the Jordan's experience, mostly useless. But even without a mention of that, the legal point the state attorneys office was leading up to is clear:

“For Mrs. Jordan, cannabis provides relief without the side effects.”

What could be more clear in explaining why prosecuting either of the Jordans would have been a travesty of justice, albeit one that some prosecutors feel politically bound to commit until the state law is changed.

Lawmakers weighing this might take note that the decline memo also says some judges already have ruled, in similar cases, that prosecution would be wrong.

“The doctrine of medical necessity provides an absolute defense to a cultivation of cannabis prosecution” when it is established that there is no “less offensive” alternative treatment, and when the evil of the disease treated is “more heinous than the unlawful act perpetuated to avoid it.”

Whether growing a few pot plants ever qualifies as heinous now is a debate point all by itself. But even if it does, ALS is so astronomically more heinous that it is absolutely absurd to compare the two.

<p>Lawmakers should read a short, simple, clear, rational one-page document just written by local prosecutors.</p><p>All it does is explain why State Attorney Ed Brodsky declined to file any charge against Robert Jordan, the Manatee County man who has been growing marijuana for his wife.</p><p>In no way does the so-called “decline memo” seem designed to preach or make a political statement about what lawmakers should do. But it could help them be better informed as they decide whether to make changes to laws that have long outlawed virtually any use of cannabis in Florida.</p><p>Numerous news stories and columns already have explained that Cathy Jordan has the gradually paralyzing and eventually fatal illness commonly called Lou Gehrig's disease, or amyotrophic lateral sclerosis. Marijuana eases her symptoms, as she has been explaining for years to any lawmaker who would listen. It also boosts her appetite, and just makes her feel better.</p><p>A month ago, Manatee County deputies seized the marijuana plants the Jordans had growing in their back yard. No arrest was made, but prosecutors had to decide whether to charge Robert Jordan — who said he can't stop growing marijuana because it is so vital to his wife's well being — with cultivating cannabis, a felony.</p><p>Now, as I and many other people hoped, State Attorney Ed Brodsky's office has announced that no charge will be filed.</p><p>That good news is not based on any lack of evidence that Robert Jordan was the grower. Brodsky did not dodge the central issue. The decline memo's reasoning is totally based on evidence that marijuana is doing more good than harm in this case.</p><p>If there is any harm at all, that is.</p><p>The decision also is based on court rulings that say the state has no right, in such circumstances, to interfere with helpful medicinal use of marijuana.</p><p>Some people — and some lawmakers — might still be so entrenched in the long-hyped notion of marijuana being evil that suggestions to legalize any use of it blows their minds, I realize. To some, all claims of medical value are assumed to be a bogus cover for getting high. Any real medical needs would surely be best treated with some drug produced by the pharmaceutical industry, they might guess.</p><p>But here's what the decline memo says about Cathy Jordan's use of marijuana to treat her horrific and progressively more paralyzing illness, correctly described in the document as incurable:</p><p>“The standard drugs used to treat the symptoms of ALS are very dangerous, with serious side effects, including death.”</p><p>Death is an especially bad one. </p><p>Prosecutors didn't point out that the “standard drugs” are also expensive and, in the Jordan's experience, mostly useless. But even without a mention of that, the legal point the state attorneys office was leading up to is clear: </p><p>“For Mrs. Jordan, cannabis provides relief without the side effects.”</p><p>What could be more clear in explaining why prosecuting either of the Jordans would have been a travesty of justice, albeit one that some prosecutors feel politically bound to commit until the state law is changed.</p><p>Lawmakers weighing this might take note that the decline memo also says some judges already have ruled, in similar cases, that prosecution would be wrong.</p><p>“The doctrine of medical necessity provides an absolute defense to a cultivation of cannabis prosecution” when it is established that there is no “less offensive” alternative treatment, and when the evil of the disease treated is “more heinous than the unlawful act perpetuated to avoid it.”</p><p>Whether growing a few pot plants ever qualifies as heinous now is a debate point all by itself. But even if it does, ALS is so astronomically more heinous that it is absolutely absurd to compare the two.</p>